ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013988
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00018377-001 | 09/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018377-002 | 09/04/2018 |
Date of Adjudication Hearing: 31/07/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)to me by the Director General, I inquired into the complaint(s)and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)
CA-00018377-001
Organisation of Working Time Act 1977
The claimant commenced employment with the respondent on the 22nd April 2000 until the 12th October 2017 as a general operator. He worked 40 hours per week and he was paid €546.47 gross (499.14 net) per week. The claimant stated that he was owed 8 days annual leave entitlement amounting to €109.35x8 =€874.35(€99.29x8€798.62 net)
Findings
The respondent did not attend.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I find the complaint to be well-founded and I award the claimant the sum €798.62 net.
In accordance with court precedent I award the claimant €500 in compensation.
Ca-00018377-002
Minimum Notice
The claimant commenced employment with the respondent on the 22nd April 2000 until the 12th October 2017 as a general operator. He worked 40 hours per week and he was paid €546.47 gross (499.14 net) per week. The claimant stated that he received no notice from the respondent.
Findings
The respondent did not attend.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I find the complaint to be well-founded and I award the 6 weeks’ notice €2994.84 net.
Dated: 06/09/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell